Ethics Alarms Award Nominee

Ethics Hero: Dick Masten—When Ethics Trumps Law

/ Jack Marshall / 6 Comments
A heroic and ethical snack...

A heroic and ethical snack…

One way I can always start an argument on Ethics Alarms is to state my position that willfully breaking the law is per se unethical as a breach of citizenship. Like all rules, however, this one has exceptions. Dick Masten, the Director of Miami-Dade Crime Stoppers, recently demonstrated one of them.

The former police chief was ordered by Judge Victoria Brennan to reveal the name of a tipster in a cocaine possession case, State vs. Lissette Alvarez. Alvarez was arrested in 2013 and charged with cocaine possession. Brennan called for Masten to come into court and confer with her in chambers regarding the case. Miami-Dade Crime Stoppers sparked the eventual arrest after getting information from a tipster who was assured anonymity. Alvarez’s attorney insists that the tipster’s information is part of the evidence against his client, saying, “Ms. Alvarez, in this case, has every right to confront her accusers. But more particularly in this case, it’s not the accuser, but the evidence that the State will use against her.”

Ordered by the judge to reveal the name of the tipster, Masten, insisted that he couldn’t divulge information to be reviewed in closed court that might be discoverable as evidence. “There is a possibility that looking at certain documents, a defendant could work that case backwards and put the tipster at peril, and I’m not gonna let that happen,” he said. In a dramatic touch, Masten swallowed  a slip of paper that held the tipster’s name. “What is personal to me, is the promise,” Masten said before his ethical snack. “Some of these tipsters could end up dead. Not on my watch.” Continue reading →

Ethics Hero Emeritus: Reubin Askew ( 1928-2014)

/ Jack Marshall / 6 Comments

Askew

In a better United States where only character, demonstrated skill, experience and leadership ability were necessary to become President, Reubin Askew would have been one. Unfortunately looks, luck, money and timing are important too. Askew had the looks, all right; he just missed the other three.

Never mind. Reubin Askew, who died yesterday, did all right.

His father was an alcoholic, and soon his mother had divorced him and was supporting Reubin and his five siblings as a single mother in Pensacola, Florida. She worked as a waitress, seamstress and hotel maid, while Reubin shined shoes, bagged groceries, delivered newspapers and sold his mother’s homemade pies door to door to do his part to support the family. After graduating from high school in Pensacola,  Askew served two years in the Army and, thanks to the G.I. Bill, graduated from Florida State in Tallahassee, where he was elected student body president. He was an Air Force officer during the Korean War, and in 1956 graduated from the University of Florida law school. That same year he joined a Pensacola law firm, and married Donna Lou Harper, who remained his wife for 57 years, until he died.

Askew ran for Florida’s House of Representatives in 1958, and won. After four years in the House, and eight more as a state senator, he ran for governor.  He was already nicknamed  “Reubin the Good,” and his opponent, Republican Claude Kirk, ridiculed the well-publicized fact that Askew, a devout Christian, never drank, smoked or used curse words by referring to him as a “mama’s boy,” not tough enough for high office. Askew’s rebuttal: “I love my mama.”  He won easily. Continue reading →

Lawyer Daniel Muessig’s Clever, Effective, Legally Ethical And Thoroughly Despicable Ad

/ Jack Marshall / 13 Comments

Just as I’ve been desperately trying to explain that lawyers do not represent bad people because they like them or want to loose them upon the world,  here comes innovative Pittsburgh lawyer Daniel Muessig, whose clever TV ad proclaims that this is exactly what he wants to do. Here it is:

Is this an ethical ad? According to the Pennsylvania Rules of Professional Conduct, it is within the conduct permitted by the state’s legal ethics rules. The ad isn’t misleading. It doesn’t make promises the lawyer cannot keep. It doesn’t represent dramatic recreations as fact, or use broad metaphors and exaggerations. (Lawyer ads are held to a standard of literalness that presumes the public has never see any other kinds of advertising in their entire lives.) Once upon a time the various state bar advertising regulations included prohibitions on “undignified” communications, or those that undermined public trust in the profession, but those days are long past: the standards were necessarily vague, and breached free speech principles.

So we have this: a lawyer who appeals to his future criminal clients by saying that he thinks like a criminal, believes laws are arbitrary, that other lawyers will “blow them off” and that he visits jails frequently because that’s where his friends are. He attacks his own colleagues and profession, denigrates the rule of law he is sworn to uphold, and seeks the trust of criminals not because of his duty as a professional, but because he’s just like them. Muessig is willing to undermine the law-abiding public’s belief in the justice system and the reputation of his profession and his colleagues in order to acquire clients. I’m sure his strategy will work, too. Continue reading →

Ethics Take-Down Of The Year: UCLA Law Professor Eugene Volokh

/ Jack Marshall / 16 Comments
Wait, wait---I think I have it. A Japanese production of "The Mikado" would be a racist appropriation of a racist appropriation, right?

Wait, wait—I think I have it. A Japanese production of “The Mikado” would be a racist appropriation of a racist appropriation, right?

Here is a 2014 year-end Ethics Alarms Award I’m giving out now, with no worries that I will regret it later.

Salon, the online progressive magazine, published a classic in the revolting genre of self-righteous anti-white racism, a pathological screed titled “Why I Can’t Stand White Belly-Dancers.” (Full disclosure: I can’t stand any belly-dancers). If that per se title doesn’t set off a liberal editor’s ethics alarms, something is seriously wrong, but then, this Salon, a where the literate deranged of the Left hang out to plot the Socialist Revival. The foolish author devotes her article to the crackpot theory that in a pluralistic, free society, it is unethical “appropriation” for whites to engage in art that arose out of a non-white culture:

“Women I have confronted about this have said, “But I have been dancing for 15 years! This is something I have built a huge community on.” These women are more interested in their investment in belly dancing than in questioning and examining how their appropriation of the art causes others harm. To them, I can only say, I’m sure there are people who have been unwittingly racist for 15 years. It’s not too late. Find another form of self-expression. Make sure you’re not appropriating someone else’s.”

Had I encountered this cold, I would have taken it as a conservative parody of minority race-bullying. But I have to restrain my impulse to heap abuse on the author, Randa Jarrar, “a feminist of color,” because Prof. Volokh slices her and her idiocy into tiny, delicious shreds as well or better than I ever could. Here’ s yummy sample (read it all here): Continue reading →

Darling Ellen’s Deceptive Tweet For Samsung

/ Jack Marshall / 11 Comments
Taken completely spontaneously using a

Taken completely spontaneously using a Galaxy S5 by Samsung. Get yours today!

Ellen DeGeneris is adorable, and as ideal a public face to place on the image of gay acceptance and same-sex marriage as you could concoct in a marketing strategy meeting. She’s funny, she’s friendly, she’s nice: to be threatened in any way by Ellen is to be the epitome of an irrational homophobe.. Her accumulated good  largely insulated her from the negative criticism she earned with a shockingly inept performance as this year’s host of the Academy Awards ceremony. She didn’t exactly make one long for Seth (“We saw your boobs!”) McFarland, last year’s oppressive MC,but watching her—any experienced performer could see the signs of a comic who knew she was bombing and had no idea what to do about it—was uncomfortable when it wasn’t deadly boring.

The one routine that seemed successful was DeGeneris’s successful effort to create the “most re-tweeted tweet of all time,” which she accomplished by dragooning Bradley Cooper, Julia Roberts, Meryl Streep, Angelina Jolie, Brad Pitt, Jennifer Lawrence  Lupita Nyong’o, Kevin Spacey and Jared Leto in to take a selfie with her. It garnered over 3 million retweets at last count. But it was a set-up. This was not just a fun party stunt with friends, which is how it was represented to the audience and indeed to the stars themselves. No, the selfie was part of a very pricey deal between the Academy and Samsung, which sells the recently enhanced Galaxy S5 Ellen used to take the picture.

From the Wall Street Journal: Continue reading →

KABOOM! “Discrimination In Portugal,” The Sequel

/ Jack Marshall / 21 Comments

exploding_head

First I checked, double-checked and triple-checked to see if this was a hoax. Then, once I was confident that it was true, I allowed my head to explode.

The headline to today’s head-blasting post requires a bit of explanation.

As a senior at Arlington High School (Massachusetts), I was editorial editor of the school newspaper, The Arlington High Chronicle. I had to choose, edit and publish the best of the submissions from the staff, and usually wrote the lead editorial myself. Well, one week I was up against a deadline and had nothing to fill an empty space on the page except a dog’s breakfast of miserably written options. Desperate, I decided to turn the crisis into an opportunity. I took the worst of the articles, cut out each line, mixed them up in a bowl and picked them out at random. Then I retyped the incomprehensible result, adding capitals and punctuation, and headlined it “Discrimination in Portugal.” That was how it was published. I always suspected that nobody read the editorials; this was my chance to find out if my suspicions were correct.

Nobody said a word. The paper got one letter from a student saying that he disagreed with the piece, but other than that, there was no evidence that anyone noticed that one of the editorials was complete gibberish.

Now this, from Nature:

“The publishers Springer and IEEE are removing more than 120 papers from their subscription services after a French researcher discovered that the works were computer-generated nonsense.

“Over the past two years, computer scientist Cyril Labbé of Joseph Fourier University in Grenoble, France, has catalogued computer-generated papers that made it into more than 30 published conference proceedings between 2008 and 2013. Sixteen appeared in publications by Springer, which is headquartered in Heidelberg, Germany, and more than 100 were published by the Institute of Electrical and Electronic Engineers (IEEE), based in New York. Both publishers, which were privately informed by Labbé, say that they are now removing the papers.” Continue reading →

The Perfect # 22: Austin Police Chief Art Acevedo

/ Jack Marshall / 10 Comments

jogger-arrestedI’ll grant you that Ted Nugent’s asinine efforts to minimize the unethical nature  of his uncivil words about President Obama by tweeting his views on 44 “more offensive” forms of conduct were a pretty good example of my least favorite rationalization in action. That rationalization is #22, the Comparative Virtue Excuse, or “There are worse things.” (There are always worse things, of course.) Never mind: Ted is playing in the minor leagues. Art Acevedo, Austin’s excuse-master  police chief, really knows how to swing a #22.

A bystander took a video of Austin police detaining and ultimately arresting jogger Amanda Jo Stephen after she crossed an intersection at a red light and failed to obey orders from an officer after he saw her jaywalking, because she was wearing headphones and couldn’t hear him. My view: the police over-reacted and used excessive force (she pulled her arm away when the officer stopped her, and he treated is as resisting arrest), but wearing head phones that make it impossible for you to hear what is around you is 1) dangerous, 2) stupid and 3) obnoxious. Continue reading →

“Killer Karaoke” And Cultural Corruption

/ Jack Marshall / 31 Comments

In “Ricky’s Hawaii Vacation.” a famous episode of “I Love Lucy,” the Riotous Redhead was so desperate to win tickets for her neighbors (Fred and Ethel, or course) to accompany her and husband Ricky to Hawaii that she agreed to appear on a sadistic radio quiz show, in which the host, Freddie Freeman—played by the immortal Frank Nelson of Jack Benny skit fame (“Yyyyeeeeeeessssssss???”)—tortured his contestants with various indignities before awarding prizes. This was funny at the time, because it was a wild exaggeration of current TV quiz show programming. It was also funny, as with all slapstick, because the mayhem being inflicted was, the audience knew, part of a comedy skit and not real. A real Freddie using a contestant’s desperation for a prize as an excuse to degrade and humiliate her would have been unacceptably cruel…in the 1950’s.

Now, however, we have True TV’s new reality/game show, “Killer Karaoke.” It is a reality/game/ comedy show of shocking sadistic glee, the result of more than a half century of incremental slippage in standards of decency and public tolerance for cruelty. Take that episode of “I Love Lucy” and take it through a journey that includes stops at “Beat the Clock,” “Truth or Consequences,” “Let’s Make a Deal,” “Scare Tactics,” “Wipe Out,” “Fear Factor,” “Survivor,” the worst of the “let’s watch a human train wreck as desperate ex-celebrities beg for exposure and pay-checks” reality shows, and nightmare futuristic sci-fi movies like “The Hunger Games” and “The Running Man,” and “Killer Karaoke” is what you get.  The show has been hailed by TV critics as “brilliant.” I admit: it is difficult to watch it without laughing. So why are those ethics alarms going off in my head? Continue reading →

Groupon Celebrates National Incompetence and Ignorance With A Presidents Day Double KABOOM!

/ Jack Marshall / 76 Comments

Hamilton-exploding_head2

The Ethics Alarms KABOOM!—a special designation for ethics-related stories that make my head explode—has a new variation, thanks to Groupon: the repeating KABOOM!, triggered by two related KABOOMs in the same episode. My head has been exploding repeatedly since I learned about this late last night.

Hold on to your craniums, for here is a Groupon press release sent out earlier this week, the first of the KABOOM! twins:

Groupon Celebrates

Presidents Day

by Honoring

Alexander Hamilton!

Commemorate a man historically powerful enough to be on money with $10 towards $40 on a local purchase while they last!

CHICAGO, Feb 14, 2014 (BUSINESS WIRE) — Starting tomorrow, Groupon ( http://www.groupon.com ) (NASDAQ: GRPN) will be kicking off Presidents Day weekend by giving customers 10 dollars off 40 dollars when they purchase a deal for any local business. The $10 bill, as everyone knows, features President Alexander Hamilton — undeniably one of our greatest presidents and most widely recognized for establishing the country’s financial system.

Beginning Saturday, Feb. 15 at 9 am CST, shoppers will be able to redeem this offer by using the promo code “10OFF40LOCAL”, which isn’t very catchy, but neither was President Hamilton’s famous saying, “Nobody expects to trust his body overmuch after the age of fifty.”

President Hamilton is best known for the fiscal sensibilities that led him to author economic policies, establish a national bank and control taxes. Customers can honor our money-minded commander-in-chief and find deals by searching Groupon.com for local deals all through President’s Day weekend. Promo codes are limited, and more information can be found at: https://www.groupon.com/faq#faqs:content-269

The emphasis is mine, and I’m paying for every bit of it, let me tell you. My head is doing a terrific Dante’s Peak impression as I type this.

But that’s not all: here comes Groupon’s KABOOM! #2. Is the company embarassed? Chagrined? Are heads rolling? Oh, noooo! For when an enterprising American, one of the few who received a competent fourth grade education, was kind enough to alert Groupon to its unforgivable gaffe, this is what he received in return:

GOUPON IDIOTIt would all be hilarious if it were not so ominous….and unethical. Continue reading →

Thank You, Washington Post “Fact Checker” Glenn Kessler For Being The Best Ethics Alarms Ethics Dunce EVER!

/ Jack Marshall / 21 Comments

I must say, this is the sort of thing that makes the heart of an ethicist, or at least this ethicist’s, swell with joy as the strains of “Ah, Sweet Mystery of Life At Last I Found You!” take control of his brain, and the song bursts, full-blown and soaring, from his lips…You’ll have to excuse me…

Glenn Kessler’s “Fact Checker” column in today’s Sunday Post is a cornucopia of wonderful topics, including…

  • The dishonest conduct of media “fact-checkers” in using their columns not to dispute facts but to take issue with opinions, usually on partisan grounds, with which they disagree.
  • The misuse of “lies” and “lying” to describe either mistakes or opinions, neither of which are lies.
  • People who lie themselves while accusing others of lies.
  • Fact-checkers who misstate facts while accusing others of misstating facts.
  • The common misunderstanding that “consent” makes a boss’s sexual relationship with his or her subordinate ethically acceptable.
  • Rand Paul!
  • Bill Clinton!
  • Rand Paul attacking Bill Clinton!
  • ANYONE defending Bill Clinton’s conduct involving Monica Lewinsky.
  • The news media’s already evident intent to defend against all attacks, direct or oblique, on the liberal establishment’s choice for President in 2016, Hillary “The First Enabler” Clinton.

It just doesn’t get much better than this.

Let us begin with the root of Kessler’s  column and his inspiration, this statement by Sen. Rand Paul (R-Ky): Continue reading →